Landlord vs Tenant Repair Responsibilities: Who Fixes What?
Most repair disputes aren't about who will fix something — they're about who should fix something. Here's the clear legal divide between landlord and tenant repair responsibilities in residential tenancies in England (Wales has its own regime).
By Theo Chavannes, Founder, FixRoute
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You must keep in repair: the structure and exterior (roof, external walls, windows, foundations and drains); heating and hot water installations; and the gas, electricity and plumbing installations. In an HMO you're also responsible for the communal areas. The core repairing duties under Section 11 of the Landlord and Tenant Act 1985 can't be transferred to the tenant — Section 12 makes any clause that tries void.
Tenant responsibilities
Tenants generally handle: minor everyday upkeep (replacing light bulbs, and testing alarms and trying fresh batteries — which is advised good practice, not a legal duty); damage they cause (broken doors, holes in walls, stains beyond fair wear and tear); keeping the property in a reasonable condition; and giving you access for inspections and repairs on proper notice. If an alarm still won't work after a battery change, that one's yours to repair or replace once they report it, under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.
The 'fair wear and tear' grey zone
This is where most disputes live. 'Fair wear and tear' has no statutory definition — it's a case-law concept (the leading authority is Regis Property Co Ltd v Dudley [1959]) covering the gradual deterioration of the property from ordinary use and the everyday effects of weather: faded paintwork, minor scuffs, worn carpet after years of use. Those are your cost. Damage beyond what you'd expect from the length and type of tenancy is the tenant's. There's no bright line — which is why photos at check-in and check-out matter enormously.
When the tenant causes damage you're supposed to maintain
If a tenant blocks a drain by putting unsuitable things down it — that's the tenant's responsibility even though drains are normally yours. You maintain the installation; they're responsible for damage they cause to it.
This is general information, not legal advice — check the GOV.UK and legislation.gov.uk sources listed at the end, or a qualified solicitor or surveyor, for your situation.
Frequently asked questions
Who is responsible for repairs in a rented property — landlord or tenant?
Landlords are responsible under Section 11 of the Landlord and Tenant Act 1985 for keeping the structure and exterior in repair and maintaining heating, hot water, gas, electricity and plumbing installations. Tenants handle minor day-to-day upkeep — replacing light bulbs, unblocking drains they've blocked themselves, fixing damage they cause. This covers England; Wales has its own regime.
Is a landlord responsible for a broken appliance in a rented property?
Whether it's yours to fix depends on whether you supplied the appliance and whether it fell into disrepair rather than being damaged by the tenant. Heating and hot water installations are always yours under Section 11. Other appliances you provide that deteriorate from normal use are typically your cost. Damage caused by the tenant is theirs.
What is 'fair wear and tear' in a tenancy?
'Fair wear and tear' has no statutory definition — it's a case-law concept from Regis Property Co Ltd v Dudley [1959] covering the gradual deterioration of the property from ordinary use: faded paintwork, minor scuffs, worn carpet after years of use. That's your cost. Damage beyond what you'd expect from the length and type of tenancy is the tenant's. There's no bright line, which is why check-in and check-out photos matter so much.
Can a landlord make a tenant pay for repair costs?
Yes, where damage is beyond fair wear and tear and the tenant caused it. You can deduct the cost from the deposit, but you'll need evidence — photos, contractor invoices — to make a successful deduction through the scheme. If the tenant disputes it, the scheme's adjudicator decides. A clear repair record and photographic evidence at the start and end of the tenancy is the best protection you have.